Irwin Mitchell says current laws mean children such as L are not treated as ‘disabled’ over their aggressive behaviour.

‘Exclusion discriminates against disabled children’

At a recent hearing before the Upper Tribunal they argued this exclusion discriminates against disabled children with conditions such as autism that are more likely to result in aggression.

Statistics show special needs children account for almost half of all exclusions.

Campaigners say a loophole means schools don’t have to show an exclusion is proportionate or that they have made reasonable adjustments.

Ensuring disabled children enjoy the same rights

Polly Sweeney is a partner at Irwin Mitchell. She said the challenge is about ensuring disabled children enjoy the same rights “regardless of whether their disability gives rise to challenging behaviour”.

Mark Lever is the chief executive of the National Autistic Society (NAS). The NAS has supported the family’s case.

Lever said the loophole means “too many children are missing out on months and years of their education”.

The Department for Education (DfE) opposes the family’s case.

Teachers ‘have a right to be safe’

The DfE says teachers and school staff have a right to be safe and that violent behaviour is unacceptable.